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DAVID CRYSTAL, INC. v. CUNARD STEAM-SHIP COMPANY

223 F.Supp. 273 (1963)

DAVID CRYSTAL, INC., Libellant, v. The CUNARD STEAM-SHIP COMPANY Limited, Respondent Petitioner, and John T. Clark & Son, Respondent-Impleaded Petitioner, and Penson & Company, Respondent-Impleaded.

United States District Court S. D. New York.

October 10, 1963.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, for libellant; John L. Quinlan, New York City, of counsel.

Lord, Day & Lord, New York City, for respondent-petitioner, The Cunard Steam-Ship Company Limited; John F. O'Connell, New York City, of counsel.

Atkins & Weymar, New York City, for respondent-impleaded petitioner, John T. Clark & Son; William Weymar, Jr., Joseph B. McDonald, New York City, of counsel.

Enrico S. Sanfilippo and Keesing & Keesing, New York City, for respondent-impleaded, Penson & Co.; Enrico S. Sanfilippo, John Keesing, New York City, of counsel.

LEVET, District Judge.

This action in admiralty, brought by the libellant, David Crystal, Inc. (Crystal), seeks to recover the value of twenty-eight of its shipment of twenty-nine cases of shirts transported by the respondent, Cunard Steam-Ship Co. (Cunard), pursuant to an ocean bill of lading consigning the goods to Crystal's customs broker in New York, Penson & Company (Penson).

The original libel asserted a cause of action against Cunard for non-delivery...

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